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Pursuant to the legal assistance provided by the Human Rights and Development Foundation (HRDF) to a girl from Laos who was yet 15 years old, but has been subjected to human trafficking and brutal treatment since 10 years old, and was even deceived and raped by a man in a local community (for more information, please read https://hrdfoundation.org/?p=2932);
Regarding the trafficking case through forced labour, the Provincial Court of Samut Prakan has read the Court of Appeal’s verdict on 19 November 2025 at 09.00, which can be summarized as follows;
- As to criminal case involving trafficking in person through forced labour against a person who is yet 15 years of age, and for employing a child who is yet 15 years of age, the defendant (employer) has been sentenced to 10 years and 12 months in prison (increased from 6 years and 16 months) and fined for 900,000 baht (increased from 600,000 baht).
- Confiscation of evidence including the assets used by the defendant and others to commit the crime including firearms or other equipment used for inflicting physical abuse on the coplaintiff.
- Compensation for the coplaintiff at the amount of 1,800,000 baht (increased from 1,500,000 baht) plus 5% interest rate per annum of the principal, from 25 October 2021 onward. The increased portion of the compensation is attributed to an increase of medical expense for 300,000 baht since the coplaintiff has suffered so many wounds (396 in total) and is still a minor.
In addition, HRDF would like to report on the updates regarding the legal assistance provided for the injured child as follows;
As to the sexual violation offence, the Provincial Court of Samut Prakan has already ruled on 19 February 2000 to sentence Mr. Kalong Muangchan to 10 years and 3 months in prison for raping a child who was yet 15 years of age. As both parties have not appealed the verdict, the case has reached it final verdict.
Access to compensation of aggrieved parties in criminal cases, HRDF has accompanied the coplaintiff as an injured party to apply for the compensation of aggrieved parties in criminal cases as the law protects the right of a victim of physical abuse and rape. Instead, the Subcommittee on the Compensation of Samut Prakan has refused to award the compensation citing that the girl “had entered the country illegally on her own volition,” and she was therefore not considered an aggrieved party as per the law (for more information, please read https://hrdfoundation.org/?p=2330).
Nonetheless, HRDF is of the opinion that the girl had been lured from Lao PDR since she was only 10 years old and was not able to make the decision on her own. She was therefore an injured party according to the law and human rights principles. The authority’s interpretation was based on discrimination and dealt a further blow on a victim in human trafficking case. It stands contrary to the intent of the Act on Compensation of Aggrieved Parties and the Accused in Criminal Cases and international human rights principles. HRDF has thus appealed the Subcommittee’s decision and issued a statement calling out the Ministry of Justice for refusing to award the Lao girl such compensation. Later, on 30 September 2020, the Committee on Compensation of Aggrieved Parties and the Accused in Criminal Cases has ruled in its decision no. 314,315/2563 to award the injured party the compensation for the amount of 100,656 baht citing that prior to the incidence, the injured party was only 10 years old, and was brought by her father to work in Thailand. Therefore, it could be not said that the injured party had entered the country illegally on her own volition. (Please note that after the injured party had received the compensation, the Central Court of Appeal has ruled to rescind the Committee on Compensation of Aggrieved Parties and the Accused in Criminal Cases’ decision citing that an offence against the Immigration Act was not the reason that caused the injured party to get raped https://hrdfoundation.org/?p=2870, as a result of which the Ministry of Justice has to revoke the requirement regarding the immigration status of an aggrieved party in criminal case.)
Living condition of Girl A from Laos (pseudonym)
According to the HRDF’s latest conversation with Girl A, as to her take on the verdict, she wants the defendant to be incarcerated in jail as long as possible, and not sure if the 10-year-sentence is enough. At present, she has returned to Laos to live with her family. As to her health, Girl A continues to suffer from the lingering impact. The scars on her face and lips are quite pronounced. Her eyes swollen and tears often roll down impeding the vision in one of her eyes. Still, she is unable to see a doctor due to a lack of fund and the distance between her house and the hospital. She still feels the pain in her middle finger which cannot be bent. This affects how she works and lifts objects. As to the wounds and pains in other parts of her body, although their conditions have got better, but the scars remain visible. The mental impacts still persist. Girl A still constantly dreams of the incidence during which she was subjected to the abuse, around one or two times a month. Although she used to receive the medication, she has stopped it for over three years due to her lack of access to further treatment.
As to her livelihood, Girl A earns meagerly from helping her family and from receiving allowance around 2,000–3,000 baht at a time. Her house is in dilapidated condition and needs a repair. She hopes to secure a small fund to build her small home and to work to provide for herself. As to her future, Girl A wants to open a grocery shop and wants to return to work as a sewer in Thailand again as she used to study sewing, even though she is still scared. She is determined to not return to work as a housemaid again.
Lawyer’s perspective
Paranda Pankaew, HRDF’s lawyer who has been responsible for this case since the beginning reflected that even though the Court of Appeal has heard more facts and increased the defendant’s sentence, still, the sentence and the fine imposed are considered disproportionate to the sheer physical and psychological violence that the injured party had to endure for years, not to mention the impediment of her future. From her experience working on this case, she found there are many systemic problems that need to be urgently addressed including the need for the workers to be able to enter the country to work legally and to afford full legal protection, the vulnerability of the victim who in this case is a foreigner and unable to defend herself, and the important roles of the Village Headman or residents in the community who were instrumental to ensure the victim have an initial access to legal procedure.
Lawyer Paranda also pointed out the delay in the justice process and the need for nongovernmental organizations to be involved to coordinate between Thailand and Laos in the past several years. In addition, the case demonstrates a problem regarding witness protection in human trafficking cases, particularly the survivor and her family who need to receive mental healthcare since the beginning. For Lawyer Paranda, this case is yet another testament to various gaps as far as the protection of trafficking survivors is concerned and the Thai justice process is obligated to address them. It is incumbent on the authorities to provide care to the survivors until they are ready, physically and psychologically, to be repatriated and an effort must be made to follow up on them until the cessation of the proceeding or until the injured party is able to resume their normal life. Like in this case, the injured party has not received continuous treatment. The authorities are required to ensure the injured party receive the compensation as ordered by the Court to ensure genuine remedy happens. As for the further legal execution in this case, it is incumbent on the Ministry of Human Security and Social Development to continue providing the injured party with legal assistance according to the Anti-Trafficking in Persons Act and we need to continue monitoring the progress.
